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City Council Regular Meeting Minutes <br />March 9, 2021 <br />Page 10 <br />building. The City stated signs would be posted showing no idling cars. The signs would not be <br />adhered to. The MPCA states exhaust from an idling car creates more pollution than moving <br />cars. This is a serious situation. All ages will be affected. She expects the City Leaders to follow <br />the City Code. She appreciates Council is listening to the residents. She asks that Council think <br />about the resident health. <br />7 Ms. Beth Wandell, 2800 27`" Avenue NE, they are west of the site. She stated the noise <br />8 ordinance would be violated if the car wash cannot run with the doors shut. She asked Council <br />9 to follow MN law. She wants to live and raise her children in a safe and quiet environment. <br />10 <br />I 1 Mr. Phil Hoversten, resident of 38 years. He is a physician and a degree in public and <br />12 environmental health. The study should have been done for the actual site and needs to be more <br />13 accurate. A car wash uses soap, chemicals and water. There is no data that the health and safety <br />14 of the car wash employees. The levels of noise are low and would not be a danger to the health <br />15 of residents. He believes due diligence has been done. <br />16 <br />17 Mayor Stille stated there has been a lot of discussion and he would like the City Attorney to <br />18 comment on the process. City Attorney Jay Lindgren stated the role of the Council is to act as <br />19 judge to the record and all information that has been submitted. Whether the request is <br />20 detrimental to health, safety or general welfare to persons in the area or to property values, is the <br />21 basis to approve or deny. From a process standpoint, Council has the Planning Commission and <br />22 Staff and include the record. <br />23 <br />24 Mayor Stille stated Council is in a situation where a property is zoned Commercial and this is an <br />25 accepted use. He would like to see the issues mitigated. With the applicant not being able to <br />26 operate the car wash without keeping the noise low, he cannot be supportive of this project. <br />27 <br />28 Councilmember Randle stated he has been back and forth on this matter, he has read the packet, <br />29 and he hopes there is a way to work through the noise issue as the applicant is abiding by all <br />30 other conditions. The applicant has rights too. Councilmember Randle does not want to deny <br />31 this request as Council needs to consider the applicants rights. He hopes there is a way to <br />32 compromise and meet in the middle. Mayor Stille stated if there was a way, he would be open to <br />33 that. <br />34 <br />35 Councilmember Webster thanked the residents for their involvement in this process. All the <br />36 letters and emails were included in the Council packet. She stated at the last meeting, Council <br />37 requested the studies be done. There is a conflict which needs mitigation on the noise level. She <br />38 would struggle to support the request. <br />39 <br />40 Councilmember Walker stated it involves the rights of many vs. the rights of the applicant. He is <br />41 concerned with some of the issues. He is concerned about how this would play in real life. He <br />42 could not support the request. <br />43 <br />44 Councilmember Jenson stated the basic data point is the noise standard which would be in <br />45 violation of State Statute. If the standard cannot be met, he could not support the request. The <br />46 appraiser stated the property values would not be affected without any value details. <br />